Von Bulow Mistrial Is Denied

May 7, 1985|United Press International

PROVIDENCE, R.I. — A judge today denied a request for a mistrial from attorneys for Claus von Bulow, who claimed prosecutors had prejudiced jurors by implying the socialite struggled with his heiress wife.

Defense attorney John Sheehan asked Superior Court Judge Corinne Grande to declare a mistrial because he said prosecutors had denied his client a fair trial by referring to the theory while questioning state witnesses.

Sheehan successfully prevented prosecutors from pursuing the theory with a witness Monday when Grande ruled that Dr. Jeremy Worthington of Newport Hospital could not link scratches and bruises on Mrs. von Bulow`s body to a possible struggle with her alleged assailant.

The state contends von Bulow, 58, twice injected his heiress wife, who suffered from low blood sugar, with insulin in an attempt to kill her to inherit a portion of her $70 million fortune.

Assistant Attorney General Marc DeSisto told Grande the state`s case had not ``inflamed and aroused the passions of the jury.``

Grande denied the mistrial motion, ruling it was not appropriate ``at this time.``

Grande`s ruling Monday was a blow to the prosecution`s contention that von Bulow somehow slipped his wife a sedative, injected her with insulin and at some point struggled with his wife as she fell into a permanent coma on Dec. 21, 1980.

``It is the court`s judgment that Dr. Worthington is actually unable to state with a reasonable degree of medical certainty as to the origin of the trauma he testified to,`` Grande ruled.